Sunday, January 13, 2013

Response to Peace Pact by David C. Hendrickson “Evaluating the Realities of a Federative System”


In Peace Pact, Hendrickson works to argue that the best way of achieving true peace is through a system of application of shared security. His model for this is the foundation of the federal system in the infancy of the United States and how that incorporation of different political entities with a moral claim to sovereignty, the states, into a union able to also morally claim significant sovereignty not only over itself but also over members of the union. Hendrickson does note that federalism takes on many if not theoretically infinite forms of balance between "state" and "federal" power (if we are to take this balance as a sliding scale between two extremes, one being "state" and the other being "federal").
Further into his argument, he claims that the best possible form is one where the emphasis of security is placed further on the side of "state" security than on "federal" security in order to avoid the pitfalls of realism (which would lead to appeasing the security concerns generated by the system and not necessarily the actors) and complete hegemony (which would by definition curtail rights of individuals within each state). In order for Hendrickson's argument to hold its own however, there will need to be some review of whether or not his intention to put emphasis on state and individual security actually coincides with state and individual motives for security; put simply, the rationale behind what gives moral backing to a certain system of security must be a response to the motives and ideas of actors (state and/or individuals), otherwise there is too great a detachment between the need for security and the physical security itself. The risk here then is that not only is the full worth of the  individual sidestepped but the creation of a federal union begins to look increasingly more like a modernized version of bandwagoning among members of the union, all vying to gain the most benefits for the least amount of costs.
                                                                             
However, before any consideration is made to evaluate Hendrickson's argument, it would prove useful to be able to describe it in the best detail possible. To do this, it is important to note some general axioms that Hendrickson will be working with in order to ground his argument. One of these axioms is the idea that people generally if not exclusively look out for their own security and the security of their property. That being said, it is also a general axiom that people tend to congregate in some manner in order to provide a better route to gain said security. Hendrickson's argument here is technically an elaborate extension of the "state of nature" thought process with regards to individuals. The specific change here is that he is applying libertarian principles to foreign policy, specifically how states should see each other given the fact that the interests of the individuals have a moral standing such that they should be preserved. 
Hendrickson is quick to point out two polar opposites of world organization among states, that of International Anarchy (IA) and that of Universal Empire (UE). The two concepts are simple to understand; IA is focused solely on a "state of nature" amongst states, with varying degrees of cooperation along its spectrum, whereas UE is the "Hobbesian" answer of a sovereign government that rules others in the world in order to avoid problems. Each model however has significant blocks to rights of individuals.
IA has far too much conflict sewn into its system's fiber to ensure any sort of peace of mind, let alone establish the right amount of security of one's person and belongings. Even in times of alliance and relative peace (should Locke's state of nature be taken over Hobbes'), the uncertainty of a system ripe for war would itself lower quality of individual rights, and make them almost null and void (what is the point of embracing these rights if at any moment they could be trampled upon in times of war?).
UE on the other hand has the general fear that the bigger a government gets and the more rights it claims in order to properly function under its own decree the less rights individuals will actually have and less power will be had by those rights that do filter through if any at all. In Hendrickson's comparative model, individuals are essentially caught between a rock and a hard place when it comes to protecting their rights from the volatility of a truly international system. In looking at one direction they see war and strife, whereas in the opposite they see limited rights and a possible oppressive government.
It is at this point that Hendrickson points out, much to the joy of these troubled individuals, that this spectrum is not the only possible system on which an international order can run on. In fact, there is historical evidence found in the exact founding of the United States that provides a blue print for how to approach such dire security concerns. More so, when this system is blown up to scale the international order, even that of today, the different components fit in to size the bigger and more robust groups without changing the impact on individual rights. Hendrickson here of course is talking about a federal system of government that sprung up in the soon-to-be states of the United States.
A federal union was not to be founded on conflict or control, but rather on only cooperation, such that rights of the individual would be then forced to take center stage. Even at the time of the creation of these circumstances, this realization was felt in of all places, Great Britain, where Burke recognized the ultimate struggle between legitimacy of government and individual freedom (Hendrickson 86) was heading on a collision course with state interests; in this case his own. Perhaps more crucially was the recognition on the part of the colonials themselves of this very fact and the subsequent worry of how exactly to get various colonies, each with their own unique demographics, social organization, and political ambitions to avoid " 'discord and total disunion' " (Hendrickson, Dickinson, 108).
Epistemological epiphanies aside, the course for federalization was set in the hopes of preventing the colonies from devolving into either IA by allowing their lot in the new world to remain a European playground (or worse have the colonies turn forces on themselves) or into UE under British rule. To anchor the logistical push for a federal system, a moral ground was taken with regards to what philosophy best embodied the interests of the union as well as the interests of the individuals within it. Classical realism to the founders obviously was out of the question given who they were fighting against, and Kantian Perpetual Peace, while very attractive, did not address the issue of separate states and their willing  "cooperation while not submitting" (Hendrickson 270) to a higher union. Although this was the general case in the colonies at the time, the way that history turned out to be showed precisely how awkward this system would have been had it been implemented in the colonies.
With social and political bickering across colonial lines, the effect of "automatic cooperation" as Kant described it would not have worked. So instead the founders adopted an idea of an "international society", one where states are treated in a way that turns them into knowledgeable, cost-effective, and poised actors on the world stage (Hendrickson 278). This may at first sound a bit utopian in nature, but it is the only theory regarding international relations that could actually foster a healthy federal union, mainly because again, the tenets of "good faith, sovereignty, and peaceful settlement of disputes" reflects the morality of individual rights. With this piece, Hendrickson comes full circle from his discussion of the histories of the founding of the United States to his ultimate goal of embracing a theory of international relations that embodies the push for a robust protection of individual rights.
In order to place individual rights at the top of any sort of international organization of states, there must be a push for a federal union among states who value individual rights. More importantly, in order for this said union to not fall apart, it must live in a world where the major actors, crucially those who support it, act in concert with an "International Society" that extends the moral force of individual rights into what would otherwise be a "global state of nature" among states. Without this construct, individual rights would either or cease to exist under a strongman's government, or count for nothing in a world filled with perpetual war.

The main problem with Hendrickson's argument is two-fold; a primary concern regarding logistics and then a secondary concern regarding the true intentions of the call for security given the lapses in logistics. To address the first part of the objection, we must again divide the load in two. The first problem with the logistics of Hendrickson's argument concerns the feasibility of creating a true federal union. Hendrickson uses the United States as a shining example of what people can do if they truly embody the spirit of shared security through federal union, but a great deal of credit for that happening must be given to the general cohesiveness of American culture. Creating a federal union requires that a lot of trust be given to other individuals and groups within the union, much more so at least than the IA or UE models. Keeping that in mind, it is a lot easier to trust people who are culturally similar than others who may be culturally distant.
This is not to say that some cultures cannot handle the prospects of federal union, rather that xenophobia is part of every culture to some extent and effects of "othering" (the generation of an outside and consequently strange, untrustworthy, not completely equal group by the prime-group that identifies itself as superior for self justifying reasons) will always make giving trust to other cultural groups difficult. This is made especially worse if there are historical dark spots between two different cultures or states.
However, even if there was to be an effort of reconciliation between two cultures that managed to instill full trust, the prospects of trying to work across different languages and cultures makes the logistical feasibility much harder than trying to work within only one culture. The United States were fortunate in this case because although the North-South split was becoming apparent well before the Civil War, there was no language divide, nor was there a problem of identification as something other than Americans, only their sense of rights divided an otherwise homogenous group.
The second and more structural problem that Hendrickson stumbles upon is the question of what a federal union actually happens to become once it is installed. Hendrickson generally proposes that the success of shared security among the United States is that states with their own declared sovereignty and peoples who identified themselves as part of those particular groups based on their own personal geo-political locations willingly decided to fall under the wings of a much greater power in search for security and stability, and more so to avoid future conflict.
More still, the creation of this coalition between independent states and a greater power also established a signal of alliance against outside powers looking to expand their own lands and holdings. Hendrickson calls this a federative system, but it sounds terribly close to an effect of  "bandwagoning" (term reserved for when small states who cannot ensure their own safety form security blocks under a greater organizational power in order to increase regional security and deter possible attacks from outsiders). Just because the United States federal government was not an established state itself, it acted as one byways of constitutional connection to all the individual states. If anything, the federative system that Hendrickson talks about is actually the world's most condensed episode of bandwagoning, where the coalition of states in an alliance form the greater power and presently give political acceptance of its greater collective security.
If this is the case, then the states did not form a union in order to cooperate, but instead formed the union ad-hoc given that there was no other major power to align with on the continent to sway away the remaining Spanish, French and British settlements in North America. For the states, the only way to create regional security was not to cooperate in establishing a federal union, but instead to construct quite literally from scratch a political entity that could be big enough to rival the European powers still left on the continent, but that could not in any way turn on the small states given its hollow, state-less structure.
Given these flaws of unfeasibility amongst Hendrickson's argument, it follows that not only is the structure of the argument wrong, but so too is the actual intention of creating this flawed "federative system". Without a real sense of cooperation, we cannot go on to say that the founders followed any sort of "international Society" when thinking about international relations, rather they followed a strict Realist structure where the state level security was placed above the security of the individual , clearly not embodying the libertarian tenets of personal freedom and independence. The federative system that is shown here is not one that embodies the need to establish some sort of accountability on the part of the individuals that make up the state, but instead it is one that recognizes more traditional Realist threats like issues of balance of power and relative strength among North American powers.
Historically it makes sense that the founders would tend to side more often than not within the mode of International Anarchy given what they knew about the threats of a Universal Empire. Although IA was the other side of the same coin, it was the side of the coin that the states felt more capable of controlling at their own will; put simply, it is easier to manage a system that one adapts to the structure of the states (establish an American influenced system of states in North America) than a system that forces structures of the states to mold into place. More broadly, any sort of federative system that emulates what happened in the United States runs a real risk of becoming a bandwagoning system as well.
In fact, in a system of states where language and culture act more as dividers instead of connectors, identifying an outside threat could fill that slot to motivate countries to come together, but once that idea is established, the importance of the security system switches immediately from protecting individual rights to protecting states from falling prey to outside threats, and the switch from cooperation to IA is complete.

There is however one major consideration to be observed before Hendrickson's argument can be fully measured to either immediately pertain to individual rights or not. Hendrickson's system may very well bend to the stimuli of a system that embodies IA, especially when it may not be the decision of the federal union being created to do so (if nobody else is willing to see the world any differently, deciding to not "play by the rules" could leave any political entity at a disadvantage). But even though it may bend, it does not take anything away from its primary objective of protecting individual rights, mostly because it is an ends-based approach, not a means-based approach. Essentially, if the state is secure, then so too are the rights and security of the individuals that live inside it, and so the motivation for security and the motivation for establishing a federative system still remains that which protects individual interests.
Whether or not the world around the federative system chooses to act in a more traditionally belligerent fashion does not matter, so long as the state that is established manages to end up with a place that respects individual rights then the security system is a success. With that in mind, it is possible to see just how even by appeasing the state-level interests and not directly approaching the individual level interests a federative system is able to have a true moral backing of its mission to protect individual rights. With a secure state comes also the possibility to embrace whatever sort of international theory structure the state wants to uphold, in the case of the colonies the "International Society".
Crucially, a structure like the "International Society" would have a hard time upholding its values of acting in good faith and resolving issues peacefully in a shark-tank as it were, so generating enough state-level security by way of a federative system creates a necessary positive feedback loop that propagates the core of an "International Society". Better still a core bent on understanding and good faith would also make great strides in alleviating the pressures of cultural differences should a federative system be adopted in less homogenous zones of humankind, thereby relieving some of the feasibility concerns related to the simple logistics of the federative system. This is not to say that a federative system with an applied "International Society" structure behind it would cure all cultural differences; it would simply make them small enough to not affect the entire system, leaving it just as strong as if there were no differences to begin with.
So in essence, the protection of the state at the state level is not something to bludgeon Hendrickson's argument, but rather something with which scope can be used to understand precisely what gives it moral gravitas. At the end of the day, if the main goal is to protect individual security, then the means by which one arrives at such an end (unless of course truly objectively evil) become mere sideshows pitted against the main attraction. With state security comes individual security, and with individual security comes the ability to safely choose what sort of theory of international relations is the most beneficial to a culture that values acts of good faith and peaceful solutions rather than being forced to adapt to whatever structure has developed outside the borders. That is the true motivation behind what creates freedom in this sort of structure, that by choosing it individuals coming together can choose what their own world, in this case their world of international relations, looks like rather than being slaves to its own whim, even as brutish and vicious as it may be.

This may very well be the loophole through which Hendrickson makes his argument work even when the perspective of analysis is changed from individual level to state level, but overall the argument really cannot stand against the strong connection between his federative system and ad-hoc bandwagoning. Ignoring the true moral intentions of the founders aside, which in reality cannot be completely inferred by their actions but only partially inferred, the establishment of the United States which held many powers over individual states would make little sense if the true goal of each and every state was sovereignty through individual rights. If individual rights were the main concern of each state then willfully submitting to a power greater than the states themselves would have been erroneous to say the least considering the states' collective knowledge accumulated as colonies regarding power structures and regional sovereignty.
Instead, it makes much more sense to approach the founding of the United States as the founding of a friendly pole of power for the smaller states in a rather nasty neighborhood at the time. In essence, all federations come about in this manner, when smaller states that need a heightened level of security but cannot bandwagon with other poles of influence in their immediate vicinity for whatever reason come together to form a "shadow pole of influence".
The roots of modern Germany are found in the exact same circumstances as those of the early American states; surrounded by powers much greater than themselves, the German speaking states in central Europe in 1815 formed a federation in order to create some stability and security in an otherwise very hostile part of the world. Surely, the individual security was heightened for the people of the states that took part of the first Confederation and the North German Confederation that followed it, but in both cases the central security of the states came before any mention of constitution making or traditional federalization. To add more to the list of commonalities between American and German federalization, out of the security pact, a new nation was born, that of Germany which before was only contested between Prussia and Austria. The same happened with the United States where being an "American" came into light well after the War of Independence.
All these pieces of evidence make it rather clear that the focus of federalization was never to establish security for individuals and their rights; if that had been the case then federalized Germany would have adopted a form of government with a more robust  idea of suffrage which would have prevented the North German Confederation to become an empire. If Hendrickson's case for a federative system then in some way needs or implies the state to develop a humanist essence, then it does not explain why late 19th century Germany was able to federalize and not develop such an essence. Instead, if federalizations are more pre-occupied with creating a custom-built pole of influence in a Machiavellian world, then it does not matter what the individual level security forms into (regarding individual rights of either citizens or subjects) so long as the states are preserved in the ad-hoc bandwagoning effect. If that is indeed the case, then federalizations cannot claim any moral justification from preserving individual rights; considering that Hendrickson’s argument does not have a response for this charge built into his analysis of the federalization of the first American states, his ultimate argument of what federalization truly wants to create in terms of security fails.

Works Cited
Hendrickson, David C., Peace Pact: the Lost World of the American Founding, The University Press of Kansas, 2003, Lawrence, Kansas

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